Regina v Mika and Sagato - [2000] NSWSC 852

Reported Decision: 116 A Crim R 31

New South Wales

Supreme Court

CITATION: Regina v Mika and Sagato [2000] NSWSC 852

CURRENT JURISDICTION: Criminal

FILE NUMBER(S): SC 70031/2000; 70203/2000

HEARING DATE(S): 24/07/2000; 11/08/2000

JUDGMENT DATE: 11 August 2000

PARTIES :

Regina v Penetito Mika; Regina v Siniue Sagato

JUDGMENT OF: Michael Grove J at 1

COUNSEL : B. Newport QC (Crown)
I.J. MacElbing, Solicitor (Accused)

SOLICITORS: Solicitor for DPP (Crown)
MacElbing Mednis & Associates

CATCHWORDS: Criminal Law and Procedure - Manslaughter - Primitive Religious Beliefs - Exorcism - Supporting Roles of Offenders

DECISION: Sentences Imposed

THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

MICHAEL GROVE J

Friday 11 August 2000

70031/00 - REGINA v SINIUE SAGATO
70203/00 - REGINA v PENETITO MIKA

SENTENCE

1    HIS HONOUR: Each of Penetito Mika and Siniue Sagato has been indicted for the manslaughter on Samani Amete and each has pleaded guilty to that indictment.

2    The victim was aged three years seven months at the date of his death on 17 June 1999. The circumstances were unusual, indeed bizarre, and although it will take some time to describe them, I consider it is appropriate to make some extensive reference to the background which led to the crimes. In so doing I will draw very substantially upon the very helpful statement of facts which was prepared by the Deputy Senior Crown Prosecutor and tendered at the beginning of the proceedings.

3    The offender, Penetito Mika, is a cousin of Matelina Amete, the mother of the victim. The evidence shows that it was she who caused her son to drown by an unlawful and dangerous act when she forced water into his throat. The reason that she did that was that she had become obsessed with the belief that the child had had his body entered by a demon and what she was doing was by way of exorcism. I should mention that Mrs Amete has been tried on a similar indictment, that is to say for manslaughter, but was found not guilty on the ground of mental illness and she would be dealt with in accordance with appropriate statutory requirements.

4    All of the persons relevant to the matter originally come from Samoa. All of them have been exposed during their lifetime to intense religious conditioning. It appears from material which has been gathered that a number of the persons involved have during their lifetimes moved from various christian sects into other sects but at the time of the death of the victim, they were members of what is described as the Samoan Assembly of God Church. This group apparently had a meeting place in the western suburbs of Sydney.

5    It is, I am satisfied, common to the belief of the members of the congregation that the devil exists and that either he or demons allied to him are capable of possession of human beings. I should mention, however, that the evidence shows that the exorcism which was sought to be administered…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2000] NSWSC 852
Decision Date: 11 August 2000

CaseChat Overview and Summary

In the case of Regina v Mika and Sagato, the defendants were convicted of manslaughter following the death of a child during an exorcism ritual performed in accordance with their cultural and religious beliefs. The High Court of Australia was tasked with reviewing the convictions and sentences, focusing on the roles of the defendants and the legal principles applicable to their actions. The central issue for the court was whether the defendants' cultural and religious practices could be considered a defence to the charge of manslaughter, and if so, to what extent.

The court examined the legal principles surrounding the concept of provocation and the role of cultural and religious beliefs in criminal law. It was determined that while cultural and religious practices could be taken into account when assessing the defendants' actions, they did not absolve them of criminal responsibility. The court held that the defendants' actions were not merely a consequence of their religious beliefs but were also influenced by their decisions to participate in the ritual, which ultimately led to the child's death. The court found that the defendants were not merely passive participants in the ritual but actively engaged in actions that contributed to the child's death. Therefore, their convictions and sentences were upheld, with the court emphasising the importance of balancing respect for cultural and religious beliefs with the need to uphold the rule of law.

The court concluded that while cultural and religious beliefs may play a role in understanding the defendants' actions, they do not exempt individuals from criminal responsibility. The court acknowledged the significance of respecting cultural diversity but emphasised that this must not come at the expense of the fundamental principles of justice and the protection of human life. The court's decision underscores the importance of carefully considering the interplay between cultural and religious beliefs and the criminal law, ensuring that justice is served while also respecting the rights and beliefs of individuals within a diverse society.

Orders